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New Jersey Sentencing Guidelines for Charges of Terroristic Threat

New Jersey Sentencing Guidelines for Charges of Terroristic Threat

Full question:

I need to know the New Jersey sentencing guidelines for terroristic threats. My sister lives in Arizona and was just notified over the phone by a police officer in New Jersey that she was being charged with terroristic threats due to a phone call that was supposedly made from Arizona to a New Jersey resident. Could you please give me as much detail on this charge as possible?

Category: Criminal
Date: 04/07/2025
State: New Jersey

Answer:

The following is a NJ statute:

2C:12-3. Terroristic threats.

a.A person is guilty of a crime of the third degree if he threatens to commit any crime of violence with the purpose to terrorize another or to cause evacuation of a building, place of assembly, or facility of public transportation, or otherwise to cause serious public inconvenience, or in reckless disregard of the risk of causing such terror or inconvenience. A violation of this subsection is a crime of the second degree if it occurs during a declared period of national, State or county emergency. The actor shall be strictly liable upon proof that the crime occurred, in fact, during a declared period of national, State or county emergency. It shall not be a defense that the actor did not know that there was a declared period of emergency at the time the crime occurred.
b.A person is guilty of a crime of the third degree if he threatens to kill another with the purpose to put him in imminent fear of death under circumstances reasonably causing the victim to believe the immediacy of the threat and the likelihood that it will be carried out.

L.1978, c.95; amended 1981, c.290, s.15; 2002, c.26, s.11.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the threat law in New Jersey?

In New Jersey, the law regarding threats is primarily outlined in N.J. Stat. § 2C:12-3. This statute defines terroristic threats as making threats to commit violence with the intent to terrorize another person, cause an evacuation, or create serious public inconvenience. Depending on the circumstances, such as whether the threat occurs during a state of emergency, the severity of the charge can range from a third-degree to a second-degree crime.

Can you beat a terroristic threat charge?

Beating a terroristic threat charge in New Jersey often depends on the specifics of the case. Defenses may include proving that the threat was not credible, was made in jest, or that there was no intent to instill fear. Legal representation is crucial to navigate these defenses effectively and to challenge the evidence presented by the prosecution.

What is considered a legal threat?

A legal threat is a statement indicating an intention to cause harm or violence to another person, which can be taken seriously by the victim. In New Jersey, threats that instill imminent fear of death or serious bodily harm can be considered legal threats under N.J. Stat. § 2C:12-3, especially if the victim reasonably believes the threat is likely to be carried out.

What is considered a threat in NJ?

In New Jersey, a threat is generally defined as a communicated intention to inflict harm or violence on another person. This can include verbal threats, written threats, or threats made through electronic means. The key factor is whether the threat is made with the intent to terrorize or cause fear, as outlined in N.J. Stat. § 2C:12-3.

How long do you go to jail for terroristic threats in New Jersey?

The length of jail time for terroristic threats in New Jersey can vary based on the degree of the crime. A third-degree crime may result in 3 to 5 years of imprisonment, while a second-degree crime, which includes threats made during a state of emergency, can lead to 5 to 10 years. Sentencing can also be influenced by prior criminal history and other factors.

What is the federal law on terroristic threats?

Federal law defines terroristic threats under various statutes, primarily focusing on threats that affect interstate or foreign commerce. It includes threats to commit violence against individuals or property that can disrupt public safety. While federal law can apply, most cases are prosecuted under state laws, such as those in New Jersey, which have specific definitions and penalties.